Which elements are required to establish civil liability for negligent misstatement?

• A. Duty of care, breach, causation, reliance, and damages.
• B. Intent to deceive and damages.
• C. Only financial loss; no duty needed.
• D. A valid contract between the parties.

Answer: (A)

When someone gives information that turns out to be wrong, civil liability for negligent misstatement rests on five elements: a duty of care owed by the person giving the information, a breach of that duty, causation linking the breach to the harm, reliance by the plaintiff on the misstatement, and actual damages. The duty of care arises because the information provider has assumed responsibility or has a relationship that makes it reasonable for the listener to rely on the information. A breach means the information was provided carelessly or inaccurately. Causation requires that the misstatement cause the plaintiff to rely on it and suffer a financial loss as a result. Without reliance and actual damages, there isn’t liability, even if the statement was false.

The other options don’t fit because: intentional deception relates to fraud, not negligent misstatement; liability for negligent misstatement requires a duty of care (not just any financial loss); and a contract between the parties isn’t a prerequisite for this tort.